Legal in Malaysia

Intro: To begin this article, allow us briefly explain what we mean by 'landlord' and 'tenant' in this context of today's discussion. For those who are not familiar with the term, landlord is the owner land or premise be it dwelling house, shop lot or factory etc, either having registered interest or beneficial interest. And the tenant means a person, company or organization renting the premise, either on contractual basis or 'monthly basis'. In any part in this world renting premises is a common practice. The relationship between the landlord and tenant however may differ. In Malaysia, unless for expensive rental rate or business premises, most rental practice do not have any kind of written contract binding upon landlord and tenant. Though, written contract of tenancy is highly encouraged, any tenancy with no written agreement is also valid and enforceable by law (Evidence Act- the tenant is estopped from denying the ownership/right of landlord). Such tena...

hi, i saw ur blog at this add: http://legal-malaysia.blogspot.com/2009/01/malaysian-highway-concession-agreement.html not sure can I ask question 2 u o not here? i'm a freelancer designer artist, what kind of legal agreement should i make between client and my side? thx. Answer, What kind of legal agreement ? Nature of business/ service. Consideration Your right(s) Your client right(s) General provisions. Thank you, Azhar

Salam, We wish Selamat Hari Raya Aidil Fitri to all muslim readers of blog..

We would like to wish all muslim followers and visitors of our blog to have a great Ramadhan month ahead, may God bless us..

Sumber: Utusan Malaysia Online 29/07/2009 7:10pm   BUTTERWORTH 29 Julai - Seorang peguam mati selepas dipaksa minum sejenis cecair oleh sekumpulan lelaki di sebuah kuil di Jalan Perai Baru di sini, Isnin lepas. Ketua Polis Daerah Seberang Perai Tengah, ACP Dr. Mohd. Shah Hussin Shah berkata, kejadian berlaku pada kira-kira pukul 11 pagi semasa R. Thinakaran, 37, hendak meletak kenderaannya untuk bersembahyang di sebuah kuil di jalan itu. Beliau berkata, empat lelaki tiba-tiba muncul dan terus menyerbu masuk ke dalam kereta Thinakaran dan memaksa peguam itu meminum satu botol cecair, sebelum melarikan diri. Katanya, Thinakaran kemudiannya terus bergegas ke Hospital Seberang Jaya untuk mendapatkan rawatan selepas muntah-muntah serta pening kepala, dan dia meninggal dunia di hospital berkenaan pada kira-kira pukul 11.40 malam. Menurutnya, laporan bedah siasat semalam menunjukkan buah pinggang Thinakaran rosak akibat pengambilan cecair itu. Mohd. Shah berkata, polis sudah menahan seorang r...

Source: Utusan Malaysia Online KUALA LUMPUR 27 Julai - Mahkamah Tinggi di sini hari ini membenarkan wakil Persatuan Undang-Undang Bagi Rantau Asia Pasifik (LawAsia) bertindak sebagai peguam pemerhati dalam perbicaraan terhadap Pengerusi DAP, Karpal Singh yang didakwa menyebut kata- kata hasutan membabitkan Sultan Perak. Pesuruhjaya Kehakiman, Azman Abdullah bagaimanapun berkata, terma dan syarat bagi kebenaran tersebut akan dimaklumkan kepada LawAsia apabila perbicaraan berjalan kelak. Beliau juga mengarahkan LawAsia menulis secara rasmi kepada mahkamah dan salinan surat berkenaan dihantar kepada pejabat pendakwa raya, peguam bela dan Majlis Peguam. Azman memutuskan demikian semasa sebutan berhubung permohonan bekas hakim Mahkamah Tinggi dari Australia, Jeffery Allan Miles yang berhasrat menjadi peguam pemerhati dalam kes itu mewakili LawAsia. LawAsia merupakan organisasi antarabangsa melibatkan persatuan peguam, peguam, hakim, ahli akademik undang-undang dan pihak-pihak yang berminat ...

Question:- Good day, Mr. Kamarul Irzuan, I need some professional advice for my case. I hope you can make me more clearly in the case and guide me what to do for the next step. Here is about my case: I have built a company with my friend in year 2006. This is a partnership company. Everything is 50-50 ( No agreement ). I have withdrawn from this company and built another new company on early of March 2009. I have taken out my name from the ROC. Now my previous company is belonging to my ex-partner. My question is: Can I get back the money from my previous company? That company is earning money all the time from 2006 to 2009. I had taken out my name at March 2009. We didn't sign for any agreement at that time. Verbally my ex-partner said he will return the money to me but after a month document signed, he told me he won't pay me even 1 cent. Reason is I already signed the document. I no more a part of the company. Is he right? I still pay the accountant fees and the income tax, ...

Due to 'irresponsible act' by some visitor of this blog that treating the Yahoo Messenger as 'social chatting' avenue, I have to remove the chat roll. As usual, for any problems or inquiries please email me at ki_my@hotmail.com or join our new facebook group. Sorry for the inconvenience.

Click here to join Messrs. Irzuan, Advocates & Solicitors facebook community.

  Source: Malaysian Bar Council   1. POLICE STOPS YOU   1.1 Not in uniform, ask for identification Say: "Please, show me your Police authority card".   1.2 Police authority card Red : Suspended Police Officer. He has no authority to do anything to you. Walk away. Other colours: • Blue : Rank of Inspector and above • Yellow : Below the rank of Inspector • White : Reserve police Note his name and ID number   1.3 In uniform Note his name and ID number on his uniform.   1.4 Police vehicle Note the number plate of the patrol car or motorcycle.   2. POLICE QUESTION YOU WHEN STOPPED   2.1 Your identification Only give your name, ID card number and address.   2.2 The police ask other questions Politely ask "Am I under arrest?"   2.3 When you are under arrest You are arrested if the police: • tells you "yes"; • does not allow you to leave/want to take you to the Police Station; or • handcuffs you if you are not under arrest, you may walk away/refuse to follow him ...

I wish I could tell the whole world today and everyday onwards, that I LOVE my mom...let shout to all:- 'Happy Mother's Day' love you mak!

Our Prime Minister announced today that legal profession will be liberalise to enable 5 international law firm to practice in Malaysia expert in Islamic financil systems..oh crap! Look's like...we all gonna share with more people our small cake... anyway, think positive man! May be now local lawyer can start charging internal standard fee...hahahahaha (for those who can survive la!)

I am proud to announce the admission of Mr. Azhar Bin Jalaluddin as my firm new partner. For that, I have also added him as contributor to this blog, so that he may help answering your questions. p/s. For those who have commented and left emails questions which I haven't answered, I am very sorry...time are 'not very good' need to be more focus on business..anyway I will try to catch up within these few weeks..thanks again for your support!

I went back to my hometown last weekend and met an old friend. I helped him once negotiating with his creditor (banks) and Alhamdulillah most of its loan were now properly schedule and some were even settled. But bank is just being a bank, a license-money-landing-blood-sucker, after two years of piously paying his debt, lately an officer from of the bank called saying that he actually got one more small loan account which has not been paid, or to be accurate not within the earlier negotiation. So the loan amount keeps exculpating and until today it already triple of the balance he remembered! I was quite surprise when he told me that, but at the same time frustrated with him for not been careful enough to check thoroughly. Anyway, again I will try to negotiate with the bank for him and hopefully the bank will accept base on his good track record. I remember last time when I negotiated with the banks some of them is being very unreasonable. For example one officer from BSN Ipoh, who wan...

I got an assignment last week to prepare a memorandum of understanding on a transfer or transition of bio-technology from Indonesia to Malaysian company. Very tiring and eating most of my time but I am happy and satisfied.. such rare assignment acquire a lot of research and study on many matters eg local laws and regulations, carefully determine transition plan, protecting clients' interest and so on... I hope I may upload it here in this blog for sample...but I can't due to non-disclosure nature..may be after i deleted some important (sensitive) part of it, I could.. ok got to go... I got another close discussion tonight for 'latest current issue' with ABIM..

Do you think I should help people settling their problem? Do you think I should spend time for matter for sure not being paid? Do you think I should help student in understanding more on practical aspect of law? Normally, I don't really too calculative on helping people and always try to be generous on my time for them...but lately I admit, I am a bit reluctant to help answering students' question in this blog..perhaps I think they are just looking for easy answer in doing their home work. But then one of my friend told me that knowledge does not belong to me to keep, so I need to 'preach' whatever knowledge I got..he further said, look at great people like Ibnu Sinna who was teaching the whole of his lifetime knowledge on medicine without a single penny of payment..look at how he had became so famous until today...and God bless him.. But I am nothing compare to these great people of the past, I am just an ordinary lawyer trying to make a living and at the same time try...

I went to Guangzhou last week for some legal work and to conduct some business due diligent. Very nice place full of opportunity... I met Malayasian Trade Commissioner at MATRADE, Mr. Shawn, very nice person and helpful. Mr. Shawn..thank you! Just wanna share some nice picture over there with you guys..enjoy..

Question: 'Hi, I am (name deleted) . I saw your blog in the internet and found out that you might be suitable in helping me in this problem. I had sex with my girlfriend when she was 16 years and 8 months old. Is it illegal. I was 17 at that time. We are only 4 months apart. This issue has been affecting our relationship a lot. Some websites say it's 18 while some 16 or 17. So, can you please help me? Thank you very much.' Answer: First of all, I do not condone sex outside wedlock . It is still immoral no matter what our law may allow especially when you and your girlfriend are 'very' young to understand 'post-pleasure-consequences'. However, to answer your question; under Malaysian Penal Code, section 375 'a man is said to commit 'rape' who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following descriptions:- Against her will Without her consent With her consent, when ...

Salam, first of all I am not quite understand the whole picture of the case. Anyway, to cut short time, I will go straight to the main issue, namely whether a police report you made will make you open for a defamation suit? answers: our law in Malaysia and case precedents outline that a police report per se is not an out right privilege document that would not subject to defamation suit. in other words, a police report is a qualified privilege document, so if the report is found out to untrue or false, the reporter may subject to defamation suit. so, to be safe, I would normally advice my client not to mention directly the person's name inside the report, but rather safe it when you are called for further investigation (or first information report) by the investigation officer (IO). anyway, what is done is done. you should not simply withdraw the report due to his threat of suing you back for defamation. remember, legally there is no 'term' as 'tarik balik report', ...

I would like to congratulate Datuk Seri Najib Tun Razak on his appoinment of our 6th Prime Minister... p/s please manage our country well..

I was in Muar last Friday (27-3-2009), humbly appearing at LHDN Muar Branch handling one of my client's taxation matters. I reach there around 11 am or nearly at 12pm, after having delicious 'Muar style breakfast' the satay and mee kuah (not quite sure whether that was for breakfast or lunch, because too heavy for me!). After the meal and hardly walking with heavy stomach, we (with a client and my fellow lawyer) went straight away to the office. By the time we reach the LHDN it was already nearly 12.30pm and since it was Friday, not much discussion could be done except gathering preliminary information on the case and promise the legal officer that we would come back with our official letter and proposal of settlement. Except, the legal officer trying to threaten my client right in front of my face, very unethical. And my client even inform me that there were officers from the LHDN came to his house spoke to his mother saying that LHDN may arrest my client if no payment is ...

This question was actually left under the comment section of " Non Muslim Divorce Proceeding-brief email question... " topic. 'Dear En Kamarul, I would like to seek some legal advice from you and would like to thank you in advance for your help and also answering my email. I have been married for 3 years and last year my in laws came to my matrimonial house and quarrel with me. I left the house because my husband did not protect me throughout the quarrel (his brother almost hit me). I left to stay in my mother's house and he didn't come to look for me. My husband went back to stay with his family. At that time I was very angry with him and issue a legal letter asking for mutual divorce. Subsequent to that I came to know that during the 3 years of my marriage, my mother in law has been putting things in my house and the food to make us husband and wife always quarrel and hate each other. I taped the conversation from the medium and let him hear. After he heard the ...

Hi Kamarul,     I came across your blog after hours of searching online for legal advice. Your blog was indeed helpful.     But I would really appreciate if you can advice me on how to handle my case:     1. Last year, I received a job offer to join a reputable tv station as a broadcast journalist. 2. I furnished my current employer at that time a 2 weeks' notice (was supposed to give a 3 months' notice) 3. End of last year i received a court order to appear in court as I failed to pay the amount owed 4. I immediately called the hr manager and negotiated to pay in installments, the hr manager said it the payment period was lengthy (2 years) 5. Assuming that i have clarified the matter with the employer, I did not go to court 6. I just received a judgment order against me to pay 7000+8% interest and legal cost and that they will proceed with further legal action against me if I did not settle the amount in 7 days.     Please help, what should i do?   Minder Answers: As we all aw...

      Malaysian Bar Council ____________________________________ No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia Tel: 03-2031 3003 (Hunting Line) Fax: 03-2034 2825, 2026 1313, 2072 5818 E-mail: council@malaysianbar.org.my Website: http://www.malaysianbar.org.my       Circular No: 076/2009 Dated 19 March 2009 All Members of the Bar NOTICE TO ALERT LEGAL FIRMS OF A CON-WOMAN Please be advised that it has been brought to our attention that several police reports have been made against a certain Noor Hafizah binti Sha'ari by two legal firms for alleged fraud. This individual who wears braces will initially apply for a position in the accounts department. She will start by making phone calls to clients asking for payment in cash. Once she receives enough money, she will not report to work and disappear. Enclosed please find a copy of her Identity Card for your attention. Kindly be extremely careful in hiring a person who fits her ...

I am happy to inform my visitor that I got new lawyer joining my firm…meaning, I can spend at a little bit more time in blogging J …hope I can back to normal track serving you all..see ya.

It has been very busy lately, and I am unable to update my blog as usual or properly answering any email question or blog comment. I am sorry for that. But hey! Still I manage to be online around 8pm till 10pm (or more) at my blog yahoo messenger chat roll. So you may ping me and ask any legal question. We may discuss and find solution right away! So see you there. My yahoo messenger chat roll is at the bottom right of this blog. Thank you again for visiting.

Picture source: http://suehepworth.com/ Article source: http://online.wsj.com/article/SB123154826952369919.html Hamas's violations are no justification for Israel's actions. By GEORGE E. BISHARAT Israel's current assault on the Gaza Strip cannot be justified by self-defense. Rather, it involves serious violations of international law, including war crimes. Senior Israeli political and military leaders may bear personal liability for their offenses, and they could be prosecuted by an international tribunal, or by nations practicing universal jurisdiction over grave international crimes. Hamas fighters have also violated the laws of warfare, but their misdeeds do not justify Israel's acts. The United Nations charter preserved the customary right of a state to retaliate against an "armed attack" from another state. The right has evolved to cover nonstate actors operating beyond the borders of the state claiming self-defense, and arguably would apply to Hamas. How...

I was asked by one of my client to conduct a quick and brief due diligence report last few days on one construction project some in Kelantan, the client is a bit concern about the validity of the project since it involves very huge amount of contract value. In a way, a respect his attitude, namely prepare to do whatever necessary study (proper) before he give any decision to take the project. Most businessmen especially Malay in Malaysia has a bad attitude of 'safe a penny, lost a mountain'. They don't want to spend money in conducting due study or report on any business venture they want to do, and end up to be a bad business decision. In my case, the project was a 'Private Foreign Investment' scheme proposing to build a government agency office and head quarter that cost around RM800mil. What a huge contract! The project alleged to be endorsed by Prime Minister Department and the fund is arranged by one private company (I named it as company A). Now these company ...

Bernama and TV3 reported today that Malaysian Bar Council urge the Malaysian Government to seriously review Free Trade Agreement with the US, being the super power behind the Israel. I think this is a very good suggestion, as we should do whatever means necessary to help this war to be stopped. Every angle of effort must be made to pressure the Israel and US to stop this war. Be it boycotting US and Israel goods in Malaysia or whatever. I am fully behind the bar suggestion.

I personally condemn the Israelis on waging barbaric war against the Palestinians.. I found this blog showing picture of innocent victims: http://panjisihelang.blogspot.com/ Perhaps, you should view it to 'feel' their suffering. (Note: quite offensive picture, be advised)

Utusan Malaysia Online today reported that Concession Agreements for highways in Malaysia between Malaysian Government and Concession Companies could be reviewed by the public at JKR Library's. This is possible after the documents have been made not classified under OSA any longer. Too bad, it can only be reviewed at the library for a period of 2 hours. I do not have time to review the agreement myself. Anybody has a softcopy of the agreements please email it to me so that I can give my legal opinion. I think: This is a very good move done by the government, the agreements and in fact all other agreements entered between the government and private company or any party which 'the effected party' is the Malaysian public at large, must be made public accessible so that the people may read and understand them properly (even complaint if the agreement seriously against public rights). Malaysian should have a law having the nature of making any information needed by public access...

At the bottom of this blog I have put chat box using Yahoo Messenger Tools, so if you see that I am online, you may ping me to chat directly and to ask whatever legal question you in real time. But please strictly for legal issues, no 'teenage leisure style chatting'.. I am too old for that :) I will try my best to help. May God help us all and give solution to whatever problem we face.